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Michael Jackson Trial on Hold Due to Flu; Missile Defense Test Fails

Aired February 15, 2005 - 15:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


MILES O'BRIEN, CNN ANCHOR: Now in the news, this name, Ibrahim al-Jaafari. Remember that name. He could be the next prime minister of Iraq. Officials in the know say two top groups among the Shiites favor al-Jaafari, although it's far from a done deal. Stay tuned.
Ordered home. Margaret Scobey, U.S. ambassador to Syria, has been told to return to Washington for consultations, tensions mounting as more fingers are pointing at Damascus in connection to the killing of former Lebanese Prime Minister Rafik Hariri. Syrian officials say they had nothing do with it.

Reporters Judith Miller and Matthew Cooper must testify or still face going to jail. That's the ruling of a federal appeals court today. Miller of "The New York Times," Cooper of "TIME" magazine had refused to testify during a grand jury investigation into the leak of a CIA operative's name to the media.

Did James Gannon have anything to do with that CIA leak? Gannon, whose real name is James Guckert, worked as a White House correspondent for a Web site owned by a Republican activist. Two key House Democrats have filed a Freedom of Information request to see what Gannon was up to.

KYRA PHILLIPS, CNN ANCHOR: On hold until February 22.

Judge Rodney Melville gives potential jurors a week off while Michael Jackson recovers from the flu.

CNN's Miguel Marquez with more on the pop star's condition and why he required a detour to the hospital today -- Miguel.

MIGUEL MARQUEZ, CNN CORRESPONDENT: Yes, like this trial needs one more twist there, Kyra.

Michael Jackson on his way to court this morning. And like every morning, he's been on time here in Santa Maria for jury selection. Today was a little bit different. He showed up here yesterday dressed in black with a red shirt and a gold brocade. We expected sort of the same thing today. But we waited and waited. And jurors waited and waited. And it finally came to -- we came to realize that he was ill.

He had been admitted to Marian Medical Center here in Santa Maria for unknown reasons. And, finally, we kind of figured it all out. And he's suffering from the serve flu, the judge telling jurors who had gathered in the courtroom, jurors who were growing sort of upset that it was taking so long. One juror -- one of the pool reporters says that one of the jurors turned to his friend in the courtroom and said, six months of this, huh? And the other guy said, yes, can you believe it?

And the judge then telling the jury a short time later that Mr. Jackson was suffering from the severe flu, just like everybody gets the flu, he has the same symptoms, and went to great lengths, once he was -- it was confirmed, they spent about a half-hour on a conference call, the judge, with the attending physicians and two lawyers, one of Mr. Jackson's defense lawyers and a prosecution lawyer.

And they went through it all. The judge was convinced that Mr. Jackson did, in fact, have the flu. And he told jurors that he -- he told jurors that Mr. Jackson did have the flu and they would have to break until Tuesday, making sure that they understood that this was -- it's completely out of this control, the judge saying that he needed Mr. Jackson in court for these proceedings, believed that it was best to break for several days for Mr. Jackson to recover and then they could resume jury selection next Tuesday -- back to you.

PHILLIPS: All right, Miguel Marquez, thank you so much.

And the verdict is in. Zoloft didn't make him doing it. A court in Charleston, South Carolina, has found a 15-year-old boy guilty and sentenced him to 30 years in prison for murdering his grandparents. Chris Pittman maintained, the influence of the prescription antidepressant Zoloft, saying it caused him to shoot his grandparents when he was 12.

Well, the prosecution argued that Pittman knew what he was doing and Zoloft had nothing do with it. For the family, tragedy compounded.

(BEGIN VIDEO CLIP)

DANIELLE FINCHUM, SISTER OF PITTMAN: But the way the prosecution made my brother look, that's not Christopher. I don't understand how a jury of two weeks can think that they know somebody well enough to convict them guilty of this kind of crime.

Today has been a lot worse for me than even finding out when all this stuff happened, because I feel like I've truly lost all three of the people that I love the most.

(END VIDEO CLIP)

PHILLIPS: Defrocked Roman Catholic Priest Paul Shanley must serve 12 to 15 years for raping and molesting a boy in his parish in the 1980s. The 74-year-old former cleric showed no emotion upon hearing his fate in a Cambridge, Massachusetts, courtroom today.

The judge read the sentence after hearing bitter statements from the now grown victim and his father.

The defense begins its case in another trial the world is watching in Los Angeles. Actor Robert Blake's attorneys will try to convince the jury he did not kill his wife, Bonny Lee Bakley. Blake wept yesterday as the prosecution rested its case. A tape of him describing his love for his and the Bakley's daughter sent him rushing from the courtroom in tears.

O'BRIEN: At the Pentagon today, they're scratching their heads after yet another failure of the system being pursued as a shield against enemy missiles. A target rocket launched from Kodiak island, Alaska, but the missile designed to chase it down and kill it, well, in layman's terms, it was a dud.

With the story from the Pentagon, CNN's Jamie McIntyre -- Jamie.

JAMIE MCINTYRE, CNN SR. MILITARY AFFAIRS CORRESPONDENT: Well, Miles, with this latest missile test, the Pentagon is now batting .500 in its missile test, five hits, five misses. That might be a good average in baseball, but for missile defense, when you're trying to defend against an incoming nuclear strike, that's not very good.

For the second time in two months, the target missile designed to simulate an incoming attack launched flawlessly from Alaska, but the interceptor missile that was supposed to shoot it down never got off the ground. Both of the recent failures are being blamed on glitches in the ground control system. This is sort of standard missile launch technology that's been around for 50 years.

So, for spending $85 million on this test, the Pentagon effectively not got no data showing whether the complex technology that's required to acquire and destroy a warhead in space is working any better than it has been. The missile people insist that this is a problem that they can work out over time. The missile budget for next year is about $3 billion. And the U.S. continues to argue that, even if the system is not flawless, it at least gives the United States some capability to destroy an incoming warhead, if it had to take that chance, even though the system right now is not operational.

At least they would have something they could try, especially important now that North Korea is claiming to have nuclear weapons and is trying to develop (AUDIO GAP) probably with some system on the -- in the launch system. And that's what happened in this case.

The first time, they think it was because a computer was set too sensitive, was monitoring things too sensitively. They changed those settings. This time, they had a sensor go off. They're not sure if it was a bad sensor or they really detected a problem. But this new booster rocket they're using now, which is a much faster version of the rocket, never even really got a chance to be tested.

And, of course, the really complex problem of intercepting that missile in space, again, never really was tested in this test. So, they've had two tests now where they really have spent a lot of time and money and got not much to show for it.

O'BRIEN: And just to point out here, too, those five hits, those five scores that they had, in those cases, there was knowledge in advance of where those missiles were coming. So, call that five hits, but we probably should put a little caveat on that. And let's factor this all into the whole North Korea picture right now, because it has been said time and again that North Korea might have some capability in this regard to launch missiles which could extend pretty far out.

MCINTYRE: Well, they've got this Taepo-dong 2 missile, which is the U.S. name for it. It's also -- there's a Taepo-dong 3 that has multiple stages, which North Korea says it's -- North Korea says it's developing for its own space program.

But the problem there is that it looks like they're trying to develop the capability to reach parts of the United States, perhaps Alaska or the Western United States. Couple that with their claim, again, not verified, but their claim that they have nuclear weapons, and the instability on the Korean Peninsula, that's the problem precisely that this system is designed to provide some kind of rudimentary defense against.

It's clearly not there yet, but, of course, in a real-world scenario, if you had a missile that failed to fire like that, the system is designed to have a series of missiles lined up, so if the first one doesn't fire, you fire the second one. That doesn't fire, you fire the third one. So there's a lot of redundancy in the design. But the U.S. isn't there yet, even though it has got six missiles standing by in Alaska right now as part of the developmental system.

O'BRIEN: All right. It's not easy to hit a bullet with a bullet.

Jamie McIntyre, thank you very much.

Stay tuned to CNN day and night for the most reliable news about your security.

PHILLIPS: Secretary of State Condoleezza Rice has pulled the U.S. ambassador to Syria back to Washington in the wake of yesterday's deadly bombing in Beirut. That move is raising more questions into the killing of Lebanon's former prime minister.

CNN senior international correspondent Brent Sadler joins us from Beirut with more on the investigation and the fallout -- Brent.

BRENT SADLER, CNN SENIOR INTERNATIONAL CORRESPONDENT: Thanks, Kyra.

So far, no hard evidence on the ground as to who perpetrated the massive attack that killed Rafik Hariri in his armored motorcade passing through the center of town just over 24 hours ago. The Lebanese authorities here are pointing to the possibility, repeat, possibility, without hard facts, of a suicide bomber being involved in this attack.

Now, the U.S. ambassador to Syria, Margaret Scobey, has been recalled to Washington by U.S. Secretary of State Condoleezza Rice in the aftermath of the attack. A stern note was passed to the Syrians -- it's called a demarche -- from Ambassador Scobey expressing the United States' "profound outrage" -- end quote -- at what happened to the former Lebanese prime minister. That is a serious diplomatic move, but it does not mean a breaking in diplomatic relations between the U.S. and Syria.

The United States is also concerned not only about the Hariri assassination, but also about allegations that Syria continues to be a staging post for insurgents operating in Iraq. So, this is going on, the investigation into Hariri's killing, against a background of mounting tension between the United States and Syria.

Now, the funeral of the former prime minister will take place here in Lebanon Wednesday. This will not be an event that you would normally expect. This will not be a state funeral for the man who led this country 10 out of the 14 years since the official end of the civil war here back in 1990, '91. This will be what Rafik Hariri's allies are calling a popular funeral.

They say they do not want opponents in the pro-Syrian government here attending this event. Earlier this day, one of Rafik Hariri's sons, Saadeddine Hariri, visited the bomb blast site where his father was killed. He said the Hariri family will continue to support efforts to rebuild Lebanon.

(BEGIN VIDEO CLIP)

SAAD HARIRI, SON OF RAFIK HARIRI: It's a great loss for Lebanon, for the family of Hariri and for every Lebanese, for the Arab world. My father served Lebanon all his life. And we will keep serving Lebanon also, like him. I hope justice will be brought upon those who committed this heinous crime.

(END VIDEO CLIP)

SADLER: There is now a deep fault line separating camp loyalists to Syria and loyalists camp who support the government and those who are diametrically opposed to the continuing relationship between Syria and its pro-Syrian/Lebanese allies here -- Kyra.

PHILLIPS: Brent Sadler live from Beirut -- thanks, Brent.

O'BRIEN: Some news coming in to CNN. We have reports of an earthquake, a fairly substantial one, magnitude 5.4 on the old Richter scale, in the area around Tokyo, Japan, 5.4 on the Richter scale. Tokyo, Japan, is the location.

It's a little after 5:00 in the morning right now Wednesday morning in Tokyo, folks not really even up and on their way to work, but Tokyo is a place that is very sensitive to the subject of earthquakes. People drill for those sorts of emergencies all the time, frequently struck by them, 5.4, a fairly substantial one. We're watching it very closely. We have got Japanese television up here. We're watching it to see what we can learn. As soon as we get some more information for you on it, we'll bring it to you.

O'BRIEN: Is it an attack on Christians or a religious interruption? (BEGIN VIDEO CLIP)

ANDREA OAKES, PARENT: I would like to think that, no, they're not attacking us because we are Christians. However, I cannot help but question whether or not that is the reason.

(END VIDEO CLIP)

O'BRIEN: A school board battles over the Bible. Up next on LIVE FROM, what's got some parents so riled over religion.

PHILLIPS: Plus, 'til death do they part. Why is Arkansas' first couple tying the knot again?

O'BRIEN: And an ugly brawl caught on tape. Find out what got this TV reporter caught in a ruckus.

(COMMERCIAL BREAK)

PHILLIPS: News across America now.

California police are looking for an aggressive would-be bank robber. Someone commandeered a backhoe from a Richmond construction site yesterday, smashing it into the Washington Mutual bank building. Well, police suspect that the bandit was trying to crack open the ATM. Despite all the damage, no money was taken.

Drug lab discovered in the suburbs. Police say it's the largest meth lab they've seized in Georgia and the first of its kind to be found in the state. Three illegal immigrants arrested in connection with the raid are now facing charges in federal court here in Atlanta. Agents seized nearly 50 pounds of drugs with a street value estimated at nearly $3 million.

(BEGIN VIDEO CLIP)

GOV. MIKE HUCKABEE (R), ARKANSAS: Here in Arkansas, it is actually easier to get out of a marriage than is a contract to purchase a used car. Clearly, something is wrong.

(END VIDEO CLIP)

PHILLIPS: Covenant marriage in the spotlight. Protesters lined the arena last night where Arkansas Governor Mike Huckabee and his wife renewed their vows. They converted their own union to a covenant marriage, a marriage commitment with more legal ties designed to put the brakes on divorce rates. Arkansas has the third highest divorce rate in the nation. Protesters say that the push to promote marriage in the state leaves out homosexuals.

O'BRIEN: Bible study during public school hours, it's a program that's been going on more than 60 years in Stanton, Virginia. The classes take place off of public school property, however.

But, as CNN's Tom Foreman explains, the program has come under renewed criticism. (BEGIN VIDEOTAPE)

TOM FOREMAN, CNN CORRESPONDENT (voice-over): On a damp path behind McSwain Elementary School, the first graders are heading to a Baptist church.

UNIDENTIFIED FEMALE: We love him because he first loved us.

FOREMAN: For a half hour each week, first, second and third graders who sign up for weekday religious education, or WRE, are excused from class to learn about the Bible, morality.

ALEX OAKES, STUDENT: Well, some of the lessons that I learned from the Bible were stuff like Daniel and the lion's den, the birth of Jesus.

FOREMAN: Both of Andrea Oakes' girls went, along with 85 percent of their classmates, and she's astonished the program is under attack.

ANDREA OAKES: I would like to think that, no, they're not attacking us because we are Christians; however, I cannot help but question whether or not that is the reason.

FOREMAN: In this strongly religious state, church groups pay for WRE, which about 12,000 students attend, and religious classes are not held on school property.

AMY DIDUCH, PARENT: Well, it really began at the beginning of this school year.

FOREMAN: But Amy Diduch is one of the minority of parents who want the school board to shut the program down anyway.

DIDUCH: I'm not opposed to a parent, on an individual basis, choosing to take a child out for religious instruction, but I am opposed to having the school day stop while those children are absent.

FOREMAN: Diduch and others say kids who do not take part are getting little or no instruction while others are in religion class and that sometimes children are ostracized for not going.

EDWARD SCOTT, STAUNTON CITY SCHOOL BOARD MEMBER: If the letters to the editors are to be believed at all to our local newspaper, then surely students have been stigmatized.

FOREMAN: Back at the church, the Oakes girls say they never saw any evidence of that.

JACLYN OAKES, RELIGIOUS EDUCATION GRADUATE: I don't think any of the kids in my classroom that were left behind got teased at all.

FOREMAN: And religion class organizers say the courts have long approved of such programs, as long as they remain separate from schools and parents can choose.

JACK HINTON, PRESIDENT, RELIGIOUS EDUCATION ASSOCIATION: The majority does not impose its will on any minority in this particular situation. It is a voluntary situation where you opt in or you opt out.

FOREMAN (on camera): Many of the opponents of the religious classes make a point of saying they are Christian, too. They just think that school time should be for traditional school studies.

(voice-over): But in the end, the school board voted overwhelmingly to keep the religion classes and try to figure out a better plan for what to do with the kids who don't participate.

Tom Foreman, CNN, Stanton, Virginia.

(END VIDEOTAPE)

PHILLIPS: So, what happens when an investigative reporter goes to interview a company exec accused of a scam?

O'BRIEN: Well...

PHILLIPS: This, of course.

O'BRIEN: There it is. OK. It's a fight worthy of a wrestling ring. There it goes.

PHILLIPS: Oh.

O'BRIEN: And because he was a TV reporter, it was all caught on tape, of course.

Plus, caught between a rock and a hard place, why funny man Chris Rock is catching heat over some pre-Oscar comments. You don't think he was trying to build ratings, do you?

(LAUGHTER)

O'BRIEN: I think maybe so. That's just my take.

(COMMERCIAL BREAK)

O'BRIEN: All right. This is not a clip from "Cops," but a real police chase. Wow. One suspect in a stolen car tumbles out of the back, striking his head on a California freeway. The second one takes off on foot, dodging cars in the oncoming rush hour traffic. He made it safely to the other side of the road. And then stumbled down an embankment into the hands of police, we're glad to tell you.

PHILLIPS: All right, you think that's daring, what you're about to see is the life of an investigative reporter, unscripted. And, of course, they expect the unexpected.

Eric Flack and cameraman Scott Utterback of CNN affiliate WAVE were conducting an interview about a suspected pyramid scam at a Louisville company. Well, things turned a little ugly. And it was all caught on tape.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: We're operating a business here.

ERIC FLACK, WAVE REPORTER: OK, but that's...

(CROSSTALK)

UNIDENTIFIED MALE: No cameras.

UNIDENTIFIED MALE: Hey! Hey!

(CROSSTALK)

UNIDENTIFIED MALE: No cameras.

(CROSSTALK)

(END VIDEO CLIP)

PHILLIPS: Yes, that was Eric in the choke hold. Two employees of PC Pro, or Louisville Pro, managed to pull company CEO Eli Ohayon off of Flack. Flack called the police and now a warrant was issued for Ohayon's arrest.

O'BRIEN: Well, looks like Chris Rock hasn't rocked the Oscar boat too much. The producer of the upcoming Academy Awards is downplaying recent humorous digs that Rock made about the show.

Gil Cates has released a statement saying he's not concerned about Rock calling the Oscars stuffy. Rock is set to host the event later this month. Sunday, The Drudge Report Web site cited unidentified sources calling for Rock to be replaced. Cates says that's not going to happen.

This little tempest in a teapot might just get a few people to tune in. That's just my take on the whole thing. But what do I know?

PHILLIPS: A lot, actually.

(LAUGHTER)

O'BRIEN: Thank you so much.

PHILLIPS: So you think.

O'BRIEN: That wraps -- oh, wow.

(LAUGHTER)

O'BRIEN: That wraps up this Tuesday edition of LIVE FROM.

I'll take care of you in just a few moments.

PHILLIPS: Someone who does know a lot more than we do, especially about politics, Judy Woodruff with "INSIDE POLITICS."

(LAUGHTER)

PHILLIPS: See. She's shaking her head.

JUDY WOODRUFF, CNN ANCHOR: Nobody, nobody beats the two of you. Miles and Kyra, thanks very much. We'll see you tomorrow, too.

O'BRIEN: Thank you very much.

(CROSSTALK)

WOODRUFF: We'll see you tomorrow, too.

California Governor Arnold Schwarzenegger's plan to redistrict the state is causing angst among both Democrats and Republicans. Our Bill Schneider looks at the state as an example of what could happen nationwide.

Saying "I do" all over again, why one governor and his wife renewed their marriage vows yesterday -- when INSIDE POLITICS begins in just a moment.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com


Aired February 15, 2005 - 15:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
MILES O'BRIEN, CNN ANCHOR: Now in the news, this name, Ibrahim al-Jaafari. Remember that name. He could be the next prime minister of Iraq. Officials in the know say two top groups among the Shiites favor al-Jaafari, although it's far from a done deal. Stay tuned.
Ordered home. Margaret Scobey, U.S. ambassador to Syria, has been told to return to Washington for consultations, tensions mounting as more fingers are pointing at Damascus in connection to the killing of former Lebanese Prime Minister Rafik Hariri. Syrian officials say they had nothing do with it.

Reporters Judith Miller and Matthew Cooper must testify or still face going to jail. That's the ruling of a federal appeals court today. Miller of "The New York Times," Cooper of "TIME" magazine had refused to testify during a grand jury investigation into the leak of a CIA operative's name to the media.

Did James Gannon have anything to do with that CIA leak? Gannon, whose real name is James Guckert, worked as a White House correspondent for a Web site owned by a Republican activist. Two key House Democrats have filed a Freedom of Information request to see what Gannon was up to.

KYRA PHILLIPS, CNN ANCHOR: On hold until February 22.

Judge Rodney Melville gives potential jurors a week off while Michael Jackson recovers from the flu.

CNN's Miguel Marquez with more on the pop star's condition and why he required a detour to the hospital today -- Miguel.

MIGUEL MARQUEZ, CNN CORRESPONDENT: Yes, like this trial needs one more twist there, Kyra.

Michael Jackson on his way to court this morning. And like every morning, he's been on time here in Santa Maria for jury selection. Today was a little bit different. He showed up here yesterday dressed in black with a red shirt and a gold brocade. We expected sort of the same thing today. But we waited and waited. And jurors waited and waited. And it finally came to -- we came to realize that he was ill.

He had been admitted to Marian Medical Center here in Santa Maria for unknown reasons. And, finally, we kind of figured it all out. And he's suffering from the serve flu, the judge telling jurors who had gathered in the courtroom, jurors who were growing sort of upset that it was taking so long. One juror -- one of the pool reporters says that one of the jurors turned to his friend in the courtroom and said, six months of this, huh? And the other guy said, yes, can you believe it?

And the judge then telling the jury a short time later that Mr. Jackson was suffering from the severe flu, just like everybody gets the flu, he has the same symptoms, and went to great lengths, once he was -- it was confirmed, they spent about a half-hour on a conference call, the judge, with the attending physicians and two lawyers, one of Mr. Jackson's defense lawyers and a prosecution lawyer.

And they went through it all. The judge was convinced that Mr. Jackson did, in fact, have the flu. And he told jurors that he -- he told jurors that Mr. Jackson did have the flu and they would have to break until Tuesday, making sure that they understood that this was -- it's completely out of this control, the judge saying that he needed Mr. Jackson in court for these proceedings, believed that it was best to break for several days for Mr. Jackson to recover and then they could resume jury selection next Tuesday -- back to you.

PHILLIPS: All right, Miguel Marquez, thank you so much.

And the verdict is in. Zoloft didn't make him doing it. A court in Charleston, South Carolina, has found a 15-year-old boy guilty and sentenced him to 30 years in prison for murdering his grandparents. Chris Pittman maintained, the influence of the prescription antidepressant Zoloft, saying it caused him to shoot his grandparents when he was 12.

Well, the prosecution argued that Pittman knew what he was doing and Zoloft had nothing do with it. For the family, tragedy compounded.

(BEGIN VIDEO CLIP)

DANIELLE FINCHUM, SISTER OF PITTMAN: But the way the prosecution made my brother look, that's not Christopher. I don't understand how a jury of two weeks can think that they know somebody well enough to convict them guilty of this kind of crime.

Today has been a lot worse for me than even finding out when all this stuff happened, because I feel like I've truly lost all three of the people that I love the most.

(END VIDEO CLIP)

PHILLIPS: Defrocked Roman Catholic Priest Paul Shanley must serve 12 to 15 years for raping and molesting a boy in his parish in the 1980s. The 74-year-old former cleric showed no emotion upon hearing his fate in a Cambridge, Massachusetts, courtroom today.

The judge read the sentence after hearing bitter statements from the now grown victim and his father.

The defense begins its case in another trial the world is watching in Los Angeles. Actor Robert Blake's attorneys will try to convince the jury he did not kill his wife, Bonny Lee Bakley. Blake wept yesterday as the prosecution rested its case. A tape of him describing his love for his and the Bakley's daughter sent him rushing from the courtroom in tears.

O'BRIEN: At the Pentagon today, they're scratching their heads after yet another failure of the system being pursued as a shield against enemy missiles. A target rocket launched from Kodiak island, Alaska, but the missile designed to chase it down and kill it, well, in layman's terms, it was a dud.

With the story from the Pentagon, CNN's Jamie McIntyre -- Jamie.

JAMIE MCINTYRE, CNN SR. MILITARY AFFAIRS CORRESPONDENT: Well, Miles, with this latest missile test, the Pentagon is now batting .500 in its missile test, five hits, five misses. That might be a good average in baseball, but for missile defense, when you're trying to defend against an incoming nuclear strike, that's not very good.

For the second time in two months, the target missile designed to simulate an incoming attack launched flawlessly from Alaska, but the interceptor missile that was supposed to shoot it down never got off the ground. Both of the recent failures are being blamed on glitches in the ground control system. This is sort of standard missile launch technology that's been around for 50 years.

So, for spending $85 million on this test, the Pentagon effectively not got no data showing whether the complex technology that's required to acquire and destroy a warhead in space is working any better than it has been. The missile people insist that this is a problem that they can work out over time. The missile budget for next year is about $3 billion. And the U.S. continues to argue that, even if the system is not flawless, it at least gives the United States some capability to destroy an incoming warhead, if it had to take that chance, even though the system right now is not operational.

At least they would have something they could try, especially important now that North Korea is claiming to have nuclear weapons and is trying to develop (AUDIO GAP) probably with some system on the -- in the launch system. And that's what happened in this case.

The first time, they think it was because a computer was set too sensitive, was monitoring things too sensitively. They changed those settings. This time, they had a sensor go off. They're not sure if it was a bad sensor or they really detected a problem. But this new booster rocket they're using now, which is a much faster version of the rocket, never even really got a chance to be tested.

And, of course, the really complex problem of intercepting that missile in space, again, never really was tested in this test. So, they've had two tests now where they really have spent a lot of time and money and got not much to show for it.

O'BRIEN: And just to point out here, too, those five hits, those five scores that they had, in those cases, there was knowledge in advance of where those missiles were coming. So, call that five hits, but we probably should put a little caveat on that. And let's factor this all into the whole North Korea picture right now, because it has been said time and again that North Korea might have some capability in this regard to launch missiles which could extend pretty far out.

MCINTYRE: Well, they've got this Taepo-dong 2 missile, which is the U.S. name for it. It's also -- there's a Taepo-dong 3 that has multiple stages, which North Korea says it's -- North Korea says it's developing for its own space program.

But the problem there is that it looks like they're trying to develop the capability to reach parts of the United States, perhaps Alaska or the Western United States. Couple that with their claim, again, not verified, but their claim that they have nuclear weapons, and the instability on the Korean Peninsula, that's the problem precisely that this system is designed to provide some kind of rudimentary defense against.

It's clearly not there yet, but, of course, in a real-world scenario, if you had a missile that failed to fire like that, the system is designed to have a series of missiles lined up, so if the first one doesn't fire, you fire the second one. That doesn't fire, you fire the third one. So there's a lot of redundancy in the design. But the U.S. isn't there yet, even though it has got six missiles standing by in Alaska right now as part of the developmental system.

O'BRIEN: All right. It's not easy to hit a bullet with a bullet.

Jamie McIntyre, thank you very much.

Stay tuned to CNN day and night for the most reliable news about your security.

PHILLIPS: Secretary of State Condoleezza Rice has pulled the U.S. ambassador to Syria back to Washington in the wake of yesterday's deadly bombing in Beirut. That move is raising more questions into the killing of Lebanon's former prime minister.

CNN senior international correspondent Brent Sadler joins us from Beirut with more on the investigation and the fallout -- Brent.

BRENT SADLER, CNN SENIOR INTERNATIONAL CORRESPONDENT: Thanks, Kyra.

So far, no hard evidence on the ground as to who perpetrated the massive attack that killed Rafik Hariri in his armored motorcade passing through the center of town just over 24 hours ago. The Lebanese authorities here are pointing to the possibility, repeat, possibility, without hard facts, of a suicide bomber being involved in this attack.

Now, the U.S. ambassador to Syria, Margaret Scobey, has been recalled to Washington by U.S. Secretary of State Condoleezza Rice in the aftermath of the attack. A stern note was passed to the Syrians -- it's called a demarche -- from Ambassador Scobey expressing the United States' "profound outrage" -- end quote -- at what happened to the former Lebanese prime minister. That is a serious diplomatic move, but it does not mean a breaking in diplomatic relations between the U.S. and Syria.

The United States is also concerned not only about the Hariri assassination, but also about allegations that Syria continues to be a staging post for insurgents operating in Iraq. So, this is going on, the investigation into Hariri's killing, against a background of mounting tension between the United States and Syria.

Now, the funeral of the former prime minister will take place here in Lebanon Wednesday. This will not be an event that you would normally expect. This will not be a state funeral for the man who led this country 10 out of the 14 years since the official end of the civil war here back in 1990, '91. This will be what Rafik Hariri's allies are calling a popular funeral.

They say they do not want opponents in the pro-Syrian government here attending this event. Earlier this day, one of Rafik Hariri's sons, Saadeddine Hariri, visited the bomb blast site where his father was killed. He said the Hariri family will continue to support efforts to rebuild Lebanon.

(BEGIN VIDEO CLIP)

SAAD HARIRI, SON OF RAFIK HARIRI: It's a great loss for Lebanon, for the family of Hariri and for every Lebanese, for the Arab world. My father served Lebanon all his life. And we will keep serving Lebanon also, like him. I hope justice will be brought upon those who committed this heinous crime.

(END VIDEO CLIP)

SADLER: There is now a deep fault line separating camp loyalists to Syria and loyalists camp who support the government and those who are diametrically opposed to the continuing relationship between Syria and its pro-Syrian/Lebanese allies here -- Kyra.

PHILLIPS: Brent Sadler live from Beirut -- thanks, Brent.

O'BRIEN: Some news coming in to CNN. We have reports of an earthquake, a fairly substantial one, magnitude 5.4 on the old Richter scale, in the area around Tokyo, Japan, 5.4 on the Richter scale. Tokyo, Japan, is the location.

It's a little after 5:00 in the morning right now Wednesday morning in Tokyo, folks not really even up and on their way to work, but Tokyo is a place that is very sensitive to the subject of earthquakes. People drill for those sorts of emergencies all the time, frequently struck by them, 5.4, a fairly substantial one. We're watching it very closely. We have got Japanese television up here. We're watching it to see what we can learn. As soon as we get some more information for you on it, we'll bring it to you.

O'BRIEN: Is it an attack on Christians or a religious interruption? (BEGIN VIDEO CLIP)

ANDREA OAKES, PARENT: I would like to think that, no, they're not attacking us because we are Christians. However, I cannot help but question whether or not that is the reason.

(END VIDEO CLIP)

O'BRIEN: A school board battles over the Bible. Up next on LIVE FROM, what's got some parents so riled over religion.

PHILLIPS: Plus, 'til death do they part. Why is Arkansas' first couple tying the knot again?

O'BRIEN: And an ugly brawl caught on tape. Find out what got this TV reporter caught in a ruckus.

(COMMERCIAL BREAK)

PHILLIPS: News across America now.

California police are looking for an aggressive would-be bank robber. Someone commandeered a backhoe from a Richmond construction site yesterday, smashing it into the Washington Mutual bank building. Well, police suspect that the bandit was trying to crack open the ATM. Despite all the damage, no money was taken.

Drug lab discovered in the suburbs. Police say it's the largest meth lab they've seized in Georgia and the first of its kind to be found in the state. Three illegal immigrants arrested in connection with the raid are now facing charges in federal court here in Atlanta. Agents seized nearly 50 pounds of drugs with a street value estimated at nearly $3 million.

(BEGIN VIDEO CLIP)

GOV. MIKE HUCKABEE (R), ARKANSAS: Here in Arkansas, it is actually easier to get out of a marriage than is a contract to purchase a used car. Clearly, something is wrong.

(END VIDEO CLIP)

PHILLIPS: Covenant marriage in the spotlight. Protesters lined the arena last night where Arkansas Governor Mike Huckabee and his wife renewed their vows. They converted their own union to a covenant marriage, a marriage commitment with more legal ties designed to put the brakes on divorce rates. Arkansas has the third highest divorce rate in the nation. Protesters say that the push to promote marriage in the state leaves out homosexuals.

O'BRIEN: Bible study during public school hours, it's a program that's been going on more than 60 years in Stanton, Virginia. The classes take place off of public school property, however.

But, as CNN's Tom Foreman explains, the program has come under renewed criticism. (BEGIN VIDEOTAPE)

TOM FOREMAN, CNN CORRESPONDENT (voice-over): On a damp path behind McSwain Elementary School, the first graders are heading to a Baptist church.

UNIDENTIFIED FEMALE: We love him because he first loved us.

FOREMAN: For a half hour each week, first, second and third graders who sign up for weekday religious education, or WRE, are excused from class to learn about the Bible, morality.

ALEX OAKES, STUDENT: Well, some of the lessons that I learned from the Bible were stuff like Daniel and the lion's den, the birth of Jesus.

FOREMAN: Both of Andrea Oakes' girls went, along with 85 percent of their classmates, and she's astonished the program is under attack.

ANDREA OAKES: I would like to think that, no, they're not attacking us because we are Christians; however, I cannot help but question whether or not that is the reason.

FOREMAN: In this strongly religious state, church groups pay for WRE, which about 12,000 students attend, and religious classes are not held on school property.

AMY DIDUCH, PARENT: Well, it really began at the beginning of this school year.

FOREMAN: But Amy Diduch is one of the minority of parents who want the school board to shut the program down anyway.

DIDUCH: I'm not opposed to a parent, on an individual basis, choosing to take a child out for religious instruction, but I am opposed to having the school day stop while those children are absent.

FOREMAN: Diduch and others say kids who do not take part are getting little or no instruction while others are in religion class and that sometimes children are ostracized for not going.

EDWARD SCOTT, STAUNTON CITY SCHOOL BOARD MEMBER: If the letters to the editors are to be believed at all to our local newspaper, then surely students have been stigmatized.

FOREMAN: Back at the church, the Oakes girls say they never saw any evidence of that.

JACLYN OAKES, RELIGIOUS EDUCATION GRADUATE: I don't think any of the kids in my classroom that were left behind got teased at all.

FOREMAN: And religion class organizers say the courts have long approved of such programs, as long as they remain separate from schools and parents can choose.

JACK HINTON, PRESIDENT, RELIGIOUS EDUCATION ASSOCIATION: The majority does not impose its will on any minority in this particular situation. It is a voluntary situation where you opt in or you opt out.

FOREMAN (on camera): Many of the opponents of the religious classes make a point of saying they are Christian, too. They just think that school time should be for traditional school studies.

(voice-over): But in the end, the school board voted overwhelmingly to keep the religion classes and try to figure out a better plan for what to do with the kids who don't participate.

Tom Foreman, CNN, Stanton, Virginia.

(END VIDEOTAPE)

PHILLIPS: So, what happens when an investigative reporter goes to interview a company exec accused of a scam?

O'BRIEN: Well...

PHILLIPS: This, of course.

O'BRIEN: There it is. OK. It's a fight worthy of a wrestling ring. There it goes.

PHILLIPS: Oh.

O'BRIEN: And because he was a TV reporter, it was all caught on tape, of course.

Plus, caught between a rock and a hard place, why funny man Chris Rock is catching heat over some pre-Oscar comments. You don't think he was trying to build ratings, do you?

(LAUGHTER)

O'BRIEN: I think maybe so. That's just my take.

(COMMERCIAL BREAK)

O'BRIEN: All right. This is not a clip from "Cops," but a real police chase. Wow. One suspect in a stolen car tumbles out of the back, striking his head on a California freeway. The second one takes off on foot, dodging cars in the oncoming rush hour traffic. He made it safely to the other side of the road. And then stumbled down an embankment into the hands of police, we're glad to tell you.

PHILLIPS: All right, you think that's daring, what you're about to see is the life of an investigative reporter, unscripted. And, of course, they expect the unexpected.

Eric Flack and cameraman Scott Utterback of CNN affiliate WAVE were conducting an interview about a suspected pyramid scam at a Louisville company. Well, things turned a little ugly. And it was all caught on tape.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: We're operating a business here.

ERIC FLACK, WAVE REPORTER: OK, but that's...

(CROSSTALK)

UNIDENTIFIED MALE: No cameras.

UNIDENTIFIED MALE: Hey! Hey!

(CROSSTALK)

UNIDENTIFIED MALE: No cameras.

(CROSSTALK)

(END VIDEO CLIP)

PHILLIPS: Yes, that was Eric in the choke hold. Two employees of PC Pro, or Louisville Pro, managed to pull company CEO Eli Ohayon off of Flack. Flack called the police and now a warrant was issued for Ohayon's arrest.

O'BRIEN: Well, looks like Chris Rock hasn't rocked the Oscar boat too much. The producer of the upcoming Academy Awards is downplaying recent humorous digs that Rock made about the show.

Gil Cates has released a statement saying he's not concerned about Rock calling the Oscars stuffy. Rock is set to host the event later this month. Sunday, The Drudge Report Web site cited unidentified sources calling for Rock to be replaced. Cates says that's not going to happen.

This little tempest in a teapot might just get a few people to tune in. That's just my take on the whole thing. But what do I know?

PHILLIPS: A lot, actually.

(LAUGHTER)

O'BRIEN: Thank you so much.

PHILLIPS: So you think.

O'BRIEN: That wraps -- oh, wow.

(LAUGHTER)

O'BRIEN: That wraps up this Tuesday edition of LIVE FROM.

I'll take care of you in just a few moments.

PHILLIPS: Someone who does know a lot more than we do, especially about politics, Judy Woodruff with "INSIDE POLITICS."

(LAUGHTER)

PHILLIPS: See. She's shaking her head.

JUDY WOODRUFF, CNN ANCHOR: Nobody, nobody beats the two of you. Miles and Kyra, thanks very much. We'll see you tomorrow, too.

O'BRIEN: Thank you very much.

(CROSSTALK)

WOODRUFF: We'll see you tomorrow, too.

California Governor Arnold Schwarzenegger's plan to redistrict the state is causing angst among both Democrats and Republicans. Our Bill Schneider looks at the state as an example of what could happen nationwide.

Saying "I do" all over again, why one governor and his wife renewed their marriage vows yesterday -- when INSIDE POLITICS begins in just a moment.

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